Effective Date: July 4, 2022
Last Updated: July 4, 2022
Application and Scope
Kinetic Sports Technologies Limited (referred to herein as "Kinetic", "we ", "our ", or "us") and its affiliates, recognizes the importance of protecting the personal information we may collect from visitors and any other individual or entity ("Users", "you", or "your").This Privacy Policy applies to data collection and privacy practices of Kinetic and when we collect personal information through your use of the website, kurtkinetic.com, and other Kinetic-related sites, software and applications accessible on or by any top-level Kinetic domain owned by us (each, a "Site" and collectively the "Sites"), through our social media pages that we control, and through email messages that we may send to you (collectively, the "Services"). Please note that this Privacy Policy excludes services that state that they are offered under a different privacy policy.
Our Privacy Policy explains: (1) what information we collect; (2) why we collect it; (3) how we use that information; (4) how we may share it; (5) the choices we offer, including how to access and update information; (6) and the measures we take to keep your information safe. Specifically, our Privacy Policy covers the following topics:
1.When This Privacy Policy Applies
2.Terms of Use
3.Information We Collect
4.Information Collected Related to California Residents
5.How We Use Personal Data We Collect
6.Our Legal Basis for Collecting Personal Data
7.Your Failure to Provide Personal Data
8.Our Retention of Your Personal Data
9.Sharing Personal Data
10.Disclosing Personal Data
11.Delegate Processing of Personal Data
12.Transfer of Personal Data
13.Sale of Personal Data
14.Your Rights and Choices
a.Rights Specific to Californians
b.Rights Specific to European Union Residents
c.Rights Specific to Hong Kong Residents
15.Our Opt-in/Opt-out Policy
16.Third Party Links
17.How We Protect Personal Data
18.Children’s Privacy
19.Direct Marketing and “Do Not Track” Signals
20.How We transfer your Personal Data globally
21.Changes to this Privacy Policy
22.How to Contact Us
When This Privacy Policy Applies
Please familiarize yourself with our privacy practices. By using the Sites or Services, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Sites or Services.
Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our Sites or Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our Services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.
Terms of Use
Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites.
Information We Collect
We collect information, including personal data, to provide better services to all our Users. We use the term “Personal Data” or to refer to any information that identifies or can be used to identify you. Common examples of Personal Data include: full name, email address, digital identity, such as a login name or handle, information about your device, and certain metadata.
“Sensitive Personal Data” refers to a smaller subset of Personal Data which is considered more sensitive to the individual, such as race and ethnic origin, political opinions, religious or philosophical beliefs, tradeunion membership, genetic or biometric information, physical or mental health information, medical insurance data, or sexual orientation.
When you use our Services, we collect Personal Data in the following ways:
1.Information You Give to Us
As you evaluate whether Kinetic is the right solution for you, you may choose to provide us with Personal Data about yourself, including your name and email address by completing forms on our Site, or when creating and signing into your account. We will also collect financial data such as payment card details and bank account numbers in order to process transactions for certain services.
You may also choose to provide us with employment and education information when you apply for a job at Kinetic via our Site.
In some instances, you may elect to provide us with location and address information. You may also provide us with Personal Data about yourself when you report a problem or have a question about our services.
The Sites offer interactive and social features that permit you to submit content and communicate with us. You may provide Personal Data to us when you post information in these interactive and social features. Please note that your postings in these areas of the Sites may be publicly accessible or accessible to other Users.
Certain information is required when creating an account to use our Services on the mobile application, such as your name, email address, gender, date of birth, height, weight, user name and password.
In addition, in order to improve your experience with the Services, you may choose to provide additional information such as your gender, birth date, height, weight, location, country, FTP, physical activity, heart rate, power, cadence and eating habits. You can choose not to provide certain information, but then you may not be able to register for the Kinetic or take advantage of some features of the Services.
When your device syncs with Kinetic’s application, certain data recorded on your device is transferred from your device to our servers.
2.Information We Obtain from Your Use of Our Services
We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Services, such as creating or logging into your account, or opening or interacting with the Services on Your mobile device. When you use our Site, we automatically collect and store this information in service logs. This includes: details of how you used our Site; Internet protocol address. We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may not include Personal Data, but we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties.
If you grant us access to your location, Kinetic may collect information about your location when you use our Sites and Services. Your location can be determined by: IP address, and information about things near your device, such as Wi-Fi access points and cell towers. When you use our Services via a wireless device, we may solicit your permission to collect your location data. Some features within our application may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone or tablet) and how you are connected to the Internet (e.g., via cable broadband connection, WiFi). If you enable location services for our mobile application, we may collect location data periodically as you use or leave open our mobile application. We may associate such location data with Personal Data you provide to us. Depending on the platform you use to access our mobile application (e.g., Apple’s iOS, Google’s Android), you may be able to control whether location data is collected from within “Settings” or other controls on your wireless device or the mobile application.
When using our Services, we or our service provider may collect your unique device ID. We may use such information for internal purposes and to provide you a better experience, such as to troubleshoot application problems you may experience. We may associate device ID with personal information you provide to us.
3.Health and Other Special Categories of Personal Data
Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some demographic, health and/or healthrelated information that Kinetic collects as part of providing the Services may be considered “Protected Health Information” or “PHI.” HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. Kinetic handles all PHI in strict accordance with applicable laws and regulations. All Protected Health Information that Kinetic processes is used and disclosed by us as a Business Associate (as defined by HIPAA) according to the terms of a Business Associate Agreement between us and that healthcare provider.
To the extent that information we collect is health data or another special category of Personal Data subject to the European Union’s General Data Protection Regulation, we ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data. You can send us an email at carlg@kinetic.fit to withdraw your consent at any time.
4.Social Networking
When using our Services or when using certain third party social networking services (for example, Facebook or Twitter) (each a “Social Network”), you may have the option to connect your Kinetic information or activity with that Social Network and its users, and to access certain of your Social Network information, as disclosed to you at the time you consent to the connection. Information we may share with a Social Network may include, but is not limited to, technical information about your Kinetic activity. Information we may access about you, with your consent, from a Social Network, may include, but is not limited to, your basic Social Network information, your location data, your lists of contacts, friends and followers, and certain information about your activities on the Social Network. If you permit a connection between a Social Network and Kinetic, we and that Social Network may be able to identify you and to associate information received pursuant to that connection with information we already have about you. We recommend that you familiarize yourself with the privacy policy and privacy control options of any Social Network with which you choose to share information or to connect a Kinetic Service.
Information Collected Related to California Residents
| Category | Type of Identifiers We Collect | Collected |
| A. Identifiers. | First and last name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address. | YES |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, physical characteristics or description, address, telephone number, credit card number, debit card number,or any other financial information, medical information. | YES |
| C. Protected classification characteristics under California or federal law. | Age, medical condition, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions). | YES |
| D. Commercial information. | Records of personal property, products or services purchased,obtained, or considered, or other purchasing or consuming histories or tendencies. | YES |
| E. Internet or other similar network activity. | Browsing history, search history, information on a consumer's interaction with a website, application logs,devices data and registration,social media account information or advertisement. | YES |
| F. Biometric information. | Physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, heart rate, height, weight , gait, or other physical patterns, and sleep, health, or exercise data. | YES |
| G. Geolocation Data. | Physical location or movements | YES |
During the last twelve (12) months, we have collected the following categories of personal information from consumers.
We obtain the categories of Personal Data listed above from the following categories of sources:
How We Use Personal Data We Collect
Upon obtaining your consent, we use your Personal Data in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
We and our service providers may use IP addresses to understand the locations from which our Users are accessing the Services. Except where prohibited by applicable law or regulation, we may combine information collected through one source with information obtained through other resources. We also may supplement the information we collect with information obtained from third parties. We will treat any information that we combine with your personal information as Personal Data pursuant to this Privacy Policy.
We will ask for your consent before using information for a purpose other than those set out in this Privacy Policy.
Our Legal Basis for Collecting Personal Data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
| To register you as a new customer |
| Performance of a contract with you |
To process financial data
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| To provide you with analytical information about your workout through the use of our apps |
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To manage our relationship with you which will include:
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| To enable you to partake in an event, prize draw, competition or complete a survey |
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| To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
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| To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
| Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
| To use data analytics to improve our website, products/services, marketing, customer relationships and experiences |
| Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
| To make suggestions and recommendations to you about goods or services that may be of interest to you |
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To manage our after-sales relationship with you, including:
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Provided that, in each circumstance, we will weigh the necessity of our processing for the purpose against your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes.
Your Failure to Provide Personal Data
Your provision of Personal Data is required in order to use certain Services and programs. In some instances, if you fail to provide such Personal Data, you may not be able to access and use our Services, or parts of our Services.
Our Retention of Your Personal Data
We will not store your Personal Data for longer than is necessary to fulfill our obligations or the purpose for which we collect the information, or longer than may be permitted by applicable law. To determine the appropriate duration of information retention, we will consider the quantity, nature and sensitivity of Personal Data; Potential risk of damage due to unauthorized use or disclosure of Personal Data; The purposes for which we process Personal Data and whether we can achieve those purposes in other ways; And applicable legal requirements.
After expiry of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems or the preservation period prescribed by laws and administrative regulations has not expired, we will put in place appropriate measures to prevent any further use of such data.
Sharing Personal Data
We will not share your Personal Data with any company, organization or third party other than our company unless we obtain your express consent.
In the preceding twelve (12) months, we have shared the following categories of Personal Data for one or more business purposes:
We may share your Personal Data for a business purpose to the following categories of third parties:
Currently, we may ask you for your consent to share Personal Data under the following circumstances:
When we need to share your Personal Data for the above reasons, we will sign a strict confidentiality agreement with the receiving party, requiring them to protect your Personal Data in accordance with our requirements, this Policy or any other relevant confidentiality and security technical measures.
Disclosing Personal Data
We will only publicly disclose your Personal Data under the following circumstances：
a.Obtain your explicit consent;
b.According to laws and regulations or mandatory administrative or judicial requirements.
Delegate Processing of Personal Data
In the preceding twelve (12) months, we have not delegated Personal Data to other suppliers.
Transfer of Personal Data
We will not transfer your Personal Data to any third party, except in the following circumstances:
a.After obtaining your express consent, we will transfer your Personal Data to third parties；
b.In the case of merger, acquisition or bankruptcy liquidation, if the transfer of Personal Data is involved, we will require the other party who holds your Personal Data to continue to be bound by this Privacy Policy; otherwise, we will require the other party to re-seek your express consent;
c.According to laws and regulations or mandatory administrative or judicial requirements.
Sale of Personal Data
In the preceding twelve (12) months, we have not sold any Personal Data.
Your Rights and Choices
You may have certain rights relating to your Personal Data, subject to local data protection law. Whenever you use our services, we aim to provide you with choices about how we use your Personal Data. Subject to applicable law, you may obtain a copy of Personal Data we maintain about you. In addition, if you believe that Personal Data we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.
a.Rights Specific to Californians
Under the California Consumer Privacy Act, California residents have specific rights regarding their personal information. This section describes Californians’ rights and explains how California residents can exercise those rights.
Below we further outline specific rights which California residents may have under the California Consumer Privacy Act.
If you are a California resident who chooses to exercise your rights, you can submit a request via email to carlg@kinetic.fit.
You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid governmentissued identification, and the authorized agent’s valid government issued identification.
Upon receiving your request, we will confirm receipt of your request by sending you an email. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information.
If we are unable to verify your identity, we reserve the right to reject your request. When we reject your request in whole or in part, we will do our best to inform you of the circumstances of the refusal, provide an explanation of our actions and the reasons for the refusal.We do not restrict or deny you access to our services based on your choices or requests regarding your personal information.
In principle, we do not charge for your reasonable request. However, for repeated requests beyond reasonable limits, we will charge a certain cost depending on the circumstances. We may refuse requests that are unwarranted, require too much technology (for example, the development of new systems or fundamental changes to existing practices), pose a risk to the legal rights of others, or are highly impractical.
We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Data for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
b.Rights Specific to European Union Residents
The European Union’s General Data Protection Regulation (“GDPR”), and corresponding legislation in the United Kingdom and Switzerland, provide European, Switzerland and United Kingdom residents with certain rights in connection with Personal Data you have shared with us. If you are resident in the European Economic Area, you may have the following rights:
You may exercise any of the rights described in this section by sending an email to via email to carlg@kinetic.fit. All customers or their legal representatives may update or correct information about yourself by making changes to your profile or submitting a request via email to carlg@kinetic.fit. Please note that we may ask you to verify your identity and request before taking further action on your request. We will respond to your request by letter, email, telephone or any other suitable method within 30days. If you completely delete all such information, then your account may become deactivated. We may retain an archived copy of your records as required by law, to comply with our legal obligations, to resolve disputes, to enforce our agreements or for other legitimate business purposes.
c.Rights Specific to Hong Kong Residents
Kinetic is required to comply with the Hong Kong law in respect of its operations there. Kinetic seeks to comply with the requirements of Hong Kong’s Personal Data (Privacy) Ordinance (“PDPO”).
Kinetic’s Privacy Policy shall apply to its operations in Hong Kong, and this section should be read along with the Privacy Policy, including Section III, “Information We Collect” and Section V, “How We Use Personal Data We Collect.”
As in other jurisdictions, Kinetic intends to use Personal Data collected from Hong Kong residents to send them marketing communications offering or advertising the availability of our Services (“Direct Marketing”). Under the PDPO, we may not use such Personal Data for Direct Marketing unless we have received consent from these individuals for that intended use.
1.Types of Personal Data
We may use your name, email address, mailing address and phone number and information about your preferences for Direct Marketing. These preferences may relate to both the business lines which you prefer for receiving Direct Marketing from us and the types of Services in which you are interested.
2.Classes of Marketing Subjects
Your Personal Data may be used for Direct Marketing in relation to the following:
3.Communication of Your Consent
You may communicate your consent to our use of your Personal Data for Direct Marketing when:
If you do not agree to the use of your Personal Data for Direct Marketing, you may opt-out from receiving marketing communications from us at any time by following the opt-out instructions found in Section 8(b) of Kinetic’s Privacy Policy.
The PDPO Hong Kong residents with specific rights regarding their Personal Data. This section describes PDPO rights and explains how to exercise those rights if they apply to you.
To exercise your rights, please submit your request to carlg@kinetic.fit or by using the contact information provided above and we will consider your request in accordance with applicable law. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our Site, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.
We endeavor to respond to a verifiable consumer request within forty (40) days of its receipt consistent with applicable law.
We may charge a reasonable administrative fee to process or respond to your verifiable consumer request. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Our Opt-in/Opt-out Policy
By providing an email address on the Kinetic Sites or Services, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any Service related notices, or to provide you with information about our events, invitations, or related educational information.
For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a User to submit or receive information, as the case may be.
We currently provide the following opt-out opportunities:
Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any service related notices.
Third Party Links
The Sites may contain links to webpages operated by parties other than Kinetic. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party's website. Kinetic strongly recommends that each User review the third party's terms and policies.
How We Protect Personal Data
Kinetic maintains administrative, technical and physical safeguards designed to protect the user's Personal Data and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we and/or our service providers use commercially reasonable security measures such as encryption,firewalls, and 2048-bit Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Data.
Although we take reasonable steps designed to protect your Personal Data, please be advised that no security system or means of transmitting data over the Internet can be guaranteed to be entirely secure (including without limitation with respect to computer viruses, malicious software and hacker attacks). We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of Personal Data that may affect you so that you can take the appropriate actions.
For your own privacy protection, we urge you to keep all passwords confidential. We also recommend that you do not include sensitive information such as passwords, social security numbers or payment information, in any emails that you send to us. If you become aware of any breach of the terms of this Privacy Policy or of the security of the Services, please notify us by email at carlg@kinetic.fit.
Children’s Privacy
The Sites and Services are not designed or intended to be used by anyone under the age of 16. If you are under the age of 16 (or a minor in the jurisdiction in which you are accessing our Sites or Services), do not use the Services, or make purchases via the Services, use any interactive features of the Services, or post any Personal Data to our Sites or submit any Personal Data via the Services. We do not knowingly or intentionally gather Personal Data about children who are under the age of 16. If a child has provided us with Personal Data, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16 in the applicable jurisdiction, please contact us carlg@kinetic.fit. If we learn that we have inadvertently collected the Personal Data of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible and cease the use of that information in accordance with applicable law.
Direct Marketing and “Do Not Track” Signals
If you are a California resident, you are entitled to request, once a year, free of charge, information about certain categories of Personal Data, if any, that we disclosed to third parties during the previous calendar year for direct marketing purposes.Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Data to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your Personal Data with third parties for marketing purposes. To make such a request you should send (a) an email to carlg@kinetic.fit with the subject heading “California Privacy Rights,” or (b) a letter addressed to5709 Rowland Road Unit #408 Minnetonka MN 55343 , Attention: Privacy Inquiry. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.
Kinetic does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.
How We Transfer Your Personal Data Globally
In principle, Personal Data collected and generated by us Globally will be stored in the Microsoft Cloud Server in North America.As we provide our products and services through servers and resources around the world, it means that, with your authorized consent, your personal data may be transferred to, or be accessed from, foreign jurisdictions in the countries or regions in which you use the Products or services.
Changes to this Privacy Policy
We reserve the right to modify this Privacy policy at any time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services or programs, email notification or privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.Your continued use of our Services constitutes your acceptance of the terms of our Privacy Policy as amended or amended on the date of the last update of this Policy.
How to Contact Us
Our appointed privacy representative is Carl Gulbronson and can be contacted at carlg@kinetic.fit:
If you have any questions, comments or concerns about this Privacy Policy, or if you would like to ex-ercise the choices discussed above, please contact us in the following ways:
Via e-mail: carlg@kinetic.fit
By writing to us: